Girault v. Feucht

Citations

• 120 La. 1070
• 46 So. 26
• 1908 La. LEXIS 610

Syllabus

<p>1. Yendoe and PubchaseR — Lesion Beyond Moiety — Rescission by Yendoe.</p> <p>In sales of real estate, the vendor may be relieved if the price given is less than one-half of the value of the property sold. Rev. Civ. Code, arts. 1861, 1862, 2589, 2590. In such a case the burden is on the vendor to prove lesion beyond moiety by evidence peculiarly strong and convincing, and of such a nature as to exclude speculation and conjecture.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 48, Vendor and Purchaser, §§ 151, 181.]</p> <p>2. Same — Capacity of Yendoe — Intoxication.</p> <p>Habits of intoxication not excluding sober intervals, and not incapacitating the person from attending to the ordinary transactions of life, will not suffice to avoid an agreement to convey real estate, especially in the face of evidence tending to show that the vendor was sober at the time and understood the nature of the transaction.</p> <p>3.Specific Pebfobmance — Right of Action.</p> <p>The right of action follows the legal title, and the fact that the plaintiff purchased for another does not concern the vendor in the transaction.</p> <p>(Syllabus by the Court.)</p>